The Building Safety Act 2022 introduced sweeping structural and fire safety duties for residential buildings in England, placing statutory obligations on landlords, freeholders, and resident-led management companies while introducing landmark legal protections for qualifying leaseholders. Understanding how the Act regulates Higher-Risk Buildings (HRBs), Accountable Persons, and remediation funding is essential for modern block governance.
Key takeaways
- Under Schedule 8 of the Building Safety Act 2022, qualifying leaseholders hold an absolute statutory exemption from contributing to the costs of remediating historical cladding defects.
- Higher-Risk Buildings (at least 18 metres tall or 7 storeys with at least two residential units) must be registered with the Building Safety Regulator (BSR), with all dutyholders identified.
- EWS1 forms remain an industry valuation tool created by RICS and lenders, while the statutory standard for assessing external wall risk under the Act is the PAS 9980 Fire Risk Appraisal of External Walls (FRAEW).
- Higher-Risk Buildings legally require a digital "Golden Thread" of structural and fire safety information, maintaining verifiable records from design through long-term occupancy.
- The Principal Accountable Person (PAP) is legally responsible for preparing a Building Safety Case Report, implementing a mandatory Resident Engagement Strategy, and applying for a Building Assessment Certificate when directed by the BSR.
Cladding Remediation, PAS 9980, and Leaseholder Protections
The Building Safety Act 2022 overhauled the legal and financial landscape surrounding external wall safety following the Grenfell Tower tragedy:
- Statutory Cost Protections (The Leaseholder Waterfall): For buildings at least 11 metres (or 5 storeys) tall, Schedule 8 establishes strict legal protections. Qualifying leaseholders cannot be charged for historical cladding remediation. For non-cladding defects, developers and wealthy landlords must pay first; leaseholder contributions are strictly capped and spread over 10 years, with zero liability for lower-value leases.
- PAS 9980 vs. EWS1: The official benchmark for external wall fire safety under the Building Safety Act and Fire Safety Act 2021 is British Standard PAS 9980 (methodology for Fire Risk Appraisals of External Walls). The EWS1 form is not a statutory document created by Parliament, but an industry certificate used by RICS, UK Finance, and mortgage lenders to confirm external wall safety for lending purposes.
- Government Remediation Schemes: Where developers cannot be identified or held liable, remediation funding is secured through statutory schemes such as the Cladding Safety Scheme (CSS) and the Building Safety Fund (BSF), bypassing service charges entirely.
Defining the Accountable Person and Duties
Under Section 72 of the Building Safety Act 2022, an Accountable Person (AP) is not an appointed consultant; it is a statutory designation attached to whichever corporate entity or person holds legal estate in possession of the common parts or has the repairing obligation under the lease:
- The Principal Accountable Person (PAP): Where a building has multiple APs (for example, in complex mixed-use developments), the entity responsible for the structure and exterior of the building serves as the PAP.
- Building Safety Case Report: The PAP must produce an evidence-backed Safety Case demonstrating how major fire and structural collapse risks are assessed, mitigated, and managed.
- The Golden Thread: APs must maintain a verified, secure, and digital record of the building’s design, maintenance, and fire protection systems, ensuring continuity across managing agent handovers.
- Resident Engagement Strategy: APs must provide residents with prescribed safety information, establish a formal internal complaints procedure, and ensure residents can inspect non-confidential safety documentation.
How Leaseholders Can Exercise Their Rights
Leaseholders have powerful statutory mechanisms under the 2022 Act to verify safety and challenge unlawful service charge demands:
- Leaseholder Deed of Certificate: Leaseholders should ensure their Leaseholder Deed of Certificate is properly completed and submitted to the landlord to formally lock in qualifying leaseholder status under Schedule 8.
- Landlord’s Certificate: Before demanding service charges for any historical safety defects, landlords must provide a formal Landlord's Certificate demonstrating that neither they nor the developer are legally liable for the costs.
- First-tier Tribunal (Property Chamber): If a managing agent or landlord issues an unlawful demand for cladding or historical safety works, leaseholders can apply to the Tribunal under Section 27A of the Landlord and Tenant Act 1985 or apply for a Remediation Order under Section 123 of the BSA 2022 to compel the landlord to fix defects without using service charge funds.
Recommended Actions for Leaseholders
To ensure compliance and protect personal finances, leaseholders in multi-storey blocks should:
- Verify that their building has submitted its mandatory registration to the Building Safety Regulator if it reaches 18 metres or 7 storeys.
- Confirm whether an up-to-date Fire Risk Assessment (FRA) and a PAS 9980 external wall appraisal have been completed by certified, independent professionals.
- Check service charge demands to verify that non-recoverable safety remediation expenses have not been commingled with routine communal maintenance line items.
- Ensure the managing entity maintains an active, accessible Resident Engagement Strategy covering building safety reporting procedures.